JUDGMENT :

(A. Badharudeen, J.)

This regular first appeal has been filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908.

2. In this appeal, the 1st plaintiff in O.S. No. 569 of 2010 on the files of Principal Sub Court, Irinjalakuda assails decree and judgment in the above case dated 31.03.2015 whereby the suit filed by plaintiffs 1 and 2 was dismissed by the trial court.

3. Respondents in this appeal are the 1st defendant and the 2nd plaintiff.

4. Heard the learned counsel for the 1st plaintiff/appellant and the learned counsel appearing for the 1st respondent/1st defendant in detail. Perused the pleadings, evidence, and the decisions placed by the learned counsel for the 1st defendant/1st respondent.

5. For effective and easy discussion, the parties in this appeal will be referred to as ‘plaintiffs’, ‘1st defendant’, and ‘2nd defendant’ hereafter.

6. The plaintiffs’ case in brief:-

Plaintiff Nos. 1 and 2, who are the male children born to Mulangil Krishnan and Devaki - the 2nd defendant would assert right over the plaint schedule property on the strength of a settlement deed No. 2372/1972 of Mala S.R.O. executed by the parents. According to the plaintiffs